(Last updated on March 17th 2007)
MyArtInfo.com is a social networking service that allows members to create unique personal profiles online in order to find and communicate with other art enthusiasts by posting artwork or other creative works, including, film, video, sculpture, photos or poems, vote for their favorite work, and create and maintain online forums and blogs, among other things.
Your right to access and use the MyArtInfo.com website and the services provided via the MyArtInfo.com website is subject to these terms of use and all applicable laws. Please read these terms of use carefully. If you do not or are not willing to abide by applicable law or these terms of use, you should immediately exit this website, and not return to this website without the prior written permission of ArtInfo.com, the operator of MyArtInfo.com.
These terms of use apply whether you are a "Visitor" (which means that you simply browse the MyArtInfo website) or you are a "Member" (which means that you have registered with MyArtInfo.com). The term "User" refers to a Visitor or a Member. These terms of use may be amended from time to time, at any time, for any reason, in ArtInfo.com?s sole discretion, without prior notice to you. The amended terms of use shall be effective thirty (30) days after they are posted on this site. Your subsequent access to or use of the contents of this website following the posting of amended terms of use will indicate acceptance by you of such amended terms of use.
Eligibility
Use of and Membership in MyArtInfo.com is void where prohibited. By using MyArtInfo.com, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of MyArtInfo.com does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age.
Password
If you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify ArtInfo.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Non-commercial Use by Members
You may only access and use the contents of this website for your personal, noncommercial use. Copying, printing, or storing of any of the contents of this website for any reason other than your personal, noncommercial use is expressly prohibited without the prior written permission of ArtInfo.com. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges.
Content You Post On MyArtInfo.com
You are prohibited from posting any text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that:
is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
solicits personal information;
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person?s copyrighted work, or otherwise violates or infringes another person?s intellectual property rights;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone?s privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
includes a photograph of another person that you have posted without that person?s consent.
In addition, you may not:
cover or obscuring the banner advertisements on your personal profile page, or any MyArtInfo.com page via HTML/CSS or any other means;
engage in any automated use of MyArtInfo.com, to such as using scripts to add friends or send comments or messages;
interfere with, disrupt, or create an undue burden on MyArtInfo.com or the networks or services connected to MyArtInfo.com;
impersonate another Member or person;
use the account, username, or password of another Member at any time or disclose your password to any third party or permitting any third party to access your account;
sell or otherwise transfer your profile; or
accept payment or anything of value from a third person in exchange for your performing any commercial activity on or through MyArtInfo.com on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose.
ArtInfo.com reserves the right to delete any Content that in the sole judgment of ArtInfo.com is offensive, illegal or otherwise violates the rights of, harms, or threatens the safety of any person. Notwithstanding the foregoing, ArtInfo.com assumes no responsibility for monitoring MyArtInfo.com for inappropriate Content or conduct. In the event that ArtInfo.com does choose, in its sole discretion, to monitor MyArtInfo.com, ArtInfo.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
Your Representations and Warranties and
Indemnification Obligations Concerning Content
You represent and warrant that you own, are licensed to post, or otherwise have a legal right to post all Content that you post on MyArtInfo.com, and that your posting of Content on MyArtInfo.com does not violate the publicity, privacy, or contractual rights of any person. You agree to indemnify and hold ArtInfo.com harmless from and against and in respect of any and all damages, losses, expenses (including reasonable attorney?s fees, court costs and investigation expenses), liabilities, settlement and claims to the extent relating to or arising out of your posting of Content on MyArtInfo.com.
MyArtInfo.com?s Copyright Policy
It is the policy of MyArtInfo.com to terminate Membership privileges of any Member who infringe the copyright rights of others. If you believe that your work has been copied and posted on MyArtInfo.com in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on MyArtInfo.com; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner?s behalf. MyArtInfo.com?s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Lisa DiBona, ArtInfo.com, 111 8th Ave, Suite 302, New York NY 10011; and email: copyright-complaints@artinfo.com. You can also report instances of infringement by visiting the "Reporting Intellectual Property Infringements" on MyArtInfo.com and following the instructions.
Member Disputes
You are solely responsible for your interactions with other MyArtInfo.com Members. ArtInfo.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
Privacy
Use of MyArtInfo.com is also governed by our Privacy Policy, which is incorporated into this terms of use by this reference.
Purchases
In the event that you purchase a good or service from ArtInfo.com via this website, you agree to pay ArtInfo.com the applicable fees and in the applicable currency set forth for such goods or services at the time of you request the good or service from ArtInfo.com (including all applicable taxes). All sums due and payable that remain unpaid after any applicable cure period will accrue interest as a late charge of 1.5% per month or the maximum amount allowed by law, whichever is less. We will charge you $30.00 or the highest amount allowed by law, whichever is less, for any check or other instrument (including credit card chargebacks) tendered by you and returned unpaid by a financial institution for any reason. You agree to reimburse us the fees of any collection agency, which may be based on a percentage at a maximum of 33% of the debt, and all costs and expenses, including reasonable attorneys? fees, we incur in connection with any collection efforts.
Limitation on Liability
THE MYARTINFO.COM WEBSITE AND ALL CONTENT AND SERVICES PROVIDED BY ARTINFO.COM VIA THE MYARTINFO.COM WEBSITE ARE PROVIDED "AS IS", "AS AVAILABLE", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A CONDITION PRECEDENT TO YOUR RIGHT TO ACCESS AND USE THE CONTENT OF THIS WEBSITE. THIS WEBSITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE OR IN A SEPARATE WRITTEN AGREEMENT BETWEEN US AND YOU.
Other
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should any part of these Terms of Use be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with this website is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. The section titles in this terms of use are for convenience only and have no legal or contractual effect.
(Last updated on March 17th 2007)
MyArtInfo.com is a social networking service that allows members to create unique personal profiles online in order to find and communicate with other art enthusiasts by posting artwork or other creative works, including, film, video, sculpture, photos or poems, vote for their favorite work, and create and maintain online forums and blogs, among other things.
Your right to access and use the MyArtInfo.com website and the services provided via the MyArtInfo.com website is subject to these terms of use and all applicable laws. Please read these terms of use carefully. If you do not or are not willing to abide by applicable law or these terms of use, you should immediately exit this website, and not return to this website without the prior written permission of ArtInfo.com, the operator of MyArtInfo.com.
These terms of use apply whether you are a "Visitor" (which means that you simply browse the MyArtInfo website) or you are a "Member" (which means that you have registered with MyArtInfo.com). The term "User" refers to a Visitor or a Member. These terms of use may be amended from time to time, at any time, for any reason, in ArtInfo.com?s sole discretion, without prior notice to you. The amended terms of use shall be effective thirty (30) days after they are posted on this site. Your subsequent access to or use of the contents of this website following the posting of amended terms of use will indicate acceptance by you of such amended terms of use.
Eligibility
Use of and Membership in MyArtInfo.com is void where prohibited. By using MyArtInfo.com, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of MyArtInfo.com does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age.
Password
If you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify ArtInfo.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Non-commercial Use by Members
You may only access and use the contents of this website for your personal, noncommercial use. Copying, printing, or storing of any of the contents of this website for any reason other than your personal, noncommercial use is expressly prohibited without the prior written permission of ArtInfo.com. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges.
Content You Post On MyArtInfo.com
You are prohibited from posting any text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that:
is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
solicits personal information;
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person?s copyrighted work, or otherwise violates or infringes another person?s intellectual property rights;
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone?s privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
includes a photograph of another person that you have posted without that person?s consent.
In addition, you may not:
cover or obscuring the banner advertisements on your personal profile page, or any MyArtInfo.com page via HTML/CSS or any other means;
engage in any automated use of MyArtInfo.com, to such as using scripts to add friends or send comments or messages;
interfere with, disrupt, or create an undue burden on MyArtInfo.com or the networks or services connected to MyArtInfo.com;
impersonate another Member or person;
use the account, username, or password of another Member at any time or disclose your password to any third party or permitting any third party to access your account;
sell or otherwise transfer your profile; or
accept payment or anything of value from a third person in exchange for your performing any commercial activity on or through MyArtInfo.com on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose.
ArtInfo.com reserves the right to delete any Content that in the sole judgment of ArtInfo.com is offensive, illegal or otherwise violates the rights of, harms, or threatens the safety of any person. Notwithstanding the foregoing, ArtInfo.com assumes no responsibility for monitoring MyArtInfo.com for inappropriate Content or conduct. In the event that ArtInfo.com does choose, in its sole discretion, to monitor MyArtInfo.com, ArtInfo.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
Your Representations and Warranties and
Indemnification Obligations Concerning Content
You represent and warrant that you own, are licensed to post, or otherwise have a legal right to post all Content that you post on MyArtInfo.com, and that your posting of Content on MyArtInfo.com does not violate the publicity, privacy, or contractual rights of any person. You agree to indemnify and hold ArtInfo.com harmless from and against and in respect of any and all damages, losses, expenses (including reasonable attorney?s fees, court costs and investigation expenses), liabilities, settlement and claims to the extent relating to or arising out of your posting of Content on MyArtInfo.com.
MyArtInfo.com?s Copyright Policy
It is the policy of MyArtInfo.com to terminate Membership privileges of any Member who infringe the copyright rights of others. If you believe that your work has been copied and posted on MyArtInfo.com in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on MyArtInfo.com; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner?s behalf. MyArtInfo.com?s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Lisa DiBona, ArtInfo.com, 111 8th Ave, Suite 302, New York NY 10011; and email: copyright-complaints@artinfo.com. You can also report instances of infringement by visiting the "Reporting Intellectual Property Infringements" on MyArtInfo.com and following the instructions.
Member Disputes
You are solely responsible for your interactions with other MyArtInfo.com Members. ArtInfo.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
Privacy
Use of MyArtInfo.com is also governed by our Privacy Policy, which is incorporated into this terms of use by this reference.
Purchases
In the event that you purchase a good or service from ArtInfo.com via this website, you agree to pay ArtInfo.com the applicable fees and in the applicable currency set forth for such goods or services at the time of you request the good or service from ArtInfo.com (including all applicable taxes). All sums due and payable that remain unpaid after any applicable cure period will accrue interest as a late charge of 1.5% per month or the maximum amount allowed by law, whichever is less. We will charge you $30.00 or the highest amount allowed by law, whichever is less, for any check or other instrument (including credit card chargebacks) tendered by you and returned unpaid by a financial institution for any reason. You agree to reimburse us the fees of any collection agency, which may be based on a percentage at a maximum of 33% of the debt, and all costs and expenses, including reasonable attorneys? fees, we incur in connection with any collection efforts.
Limitation on Liability
THE MYARTINFO.COM WEBSITE AND ALL CONTENT AND SERVICES PROVIDED BY ARTINFO.COM VIA THE MYARTINFO.COM WEBSITE ARE PROVIDED "AS IS", "AS AVAILABLE", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A CONDITION PRECEDENT TO YOUR RIGHT TO ACCESS AND USE THE CONTENT OF THIS WEBSITE. THIS WEBSITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE OR IN A SEPARATE WRITTEN AGREEMENT BETWEEN US AND YOU.
Other
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should any part of these Terms of Use be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with this website is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. The section titles in this terms of use are for convenience only and have no legal or contractual effect.